HomeMy Public PortalAbout2007_05_08
COUNCIL MEETING
May 8, 2007
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council members Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Ken Reid, Kevin Wright, and Mayor Kristen Umstattd.
Councilmembers Absent: Council Member Martinez
Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant to the
Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Director of
Engineering and Public Works Tom Mason, Police Lieutenant Vanessa Gribsby, Management
Specialist Tami Watkins and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Invocation by Vice Mayor Horne
B. Salute to the Flag was led by Council Member Reid
C. Roll Call showing Council Member Martinez absent.
D. Minutes
None
E. Presentations
a. Proclamation - Travel & Tourism; America's front door week
On a motion by Council Member Hammier, seconded by Vice Mayor Horne,
the following proclamation was presented to Loudoun County Visitor's Association
staff Grafton Debutts and Cheryl Kilday on a 6-0-1 vote:
PROCLAMA TION
TRA VEL & TOURISM; AMERICA'S FRONT DOOR WEEK
Mav 12 - Mav 20, 2007
WHEREAS, the tourism industry is vital to the economic stability and growth of
the Town of Leesburg; and
WHEREAS, travel and tourism is a $16.5 billion industry in the Commonwealth
of Virginia, and a $703 billion industry in the U.S.; and
WHERAS, each Leesburg household receives more than $700 annually in
combined Town and County tax relief as a result of visitor spending; and
WHEREAS, the tourism industry contributes substantially to the Leesburg
community's cultural and social well being by way of the attractions, special events,
arts, shopping and dining opportunities; and
WHEREAS, we strive to maintain Leesburg's lead as a tourist destination for
visitors from around the globe.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim the week of May 12 through May 20 in the Year 2007 as "Travel &
Town Council Minutes for Regular Meeting of May 8. 2007
Page 2
Tourism; America's Front Door" week in the Town of Leesburg and urge the citizens to
support our local tourism industry businesses.
PROCLAIMED this 8th day of May 2007.
b. Proclamation - Business Appreciation Week
On a motion by Vice Mayor Horne, seconded by Council Member Burk, the
following proclamation was presented to Robin Suomi with the Small Business
Development Center and Tony Howard with the Loudoun County Chamber of
Commerce by a 6-0-1 vote.
PROCLAMA TION
BUSINESS APPRECIA TION WEEK
May 13 - May 19. 2007
WHEREAS, the Town of Leesburg is home to a diversified community over
1,500 businesses; and
WHEREAS, the Town actively supports its local business community and is
working to make Leesburg a better place to start and grow a business; and
WHEREAS, the Town's business community is committed to make a difference
for the citizens of Leesburg; and
WHEREAS, these businesses provide local services and revenues from which
the entire local citizenry benefit; and
WHEREAS, we recognize and appreciate that the local businesses have chosen
to locate in the Town of Leesburg.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim the week of May 13 through May 19 in the year 2007 as Business
Appreciation Week in the Town of Leesburg, and by virtue of this proclamation,
recognize our existing businesses, and give notice to our citizens that the businesses
of Leesburg are exemplifying this year's theme of "The Foundation of American
Busi ness."
PROCLAIMED this 8th day of May 2007.
c. Proclamation - Relay for Life
On a motion by Council Member Wright, seconded by Council Member Reid,
the following proclamation was approved on a 6-0-1 vote:
PROCLAMA TION
American Cancer Society's Relav for Life
Mav 19 - 20. 2007
WHEREAS, in May 1985 Dr. Gordy Klatt, took the first step of his 24-hour
walk/run around a track in Tacoma, Washington and raised $27,000 to support the
American Cancer Society; and
Town Council Minutes for Regular Meeting of May 8. 2007
Paqe 3
WHEREAS, the following year, 220 supporters on 19 teams joined Dr. Klatt in
this overnight event, and the American Cancer Society Relay for Life was born; and
WHEREAS, over the last 20 years, Relay for Life has spread to 3,800
communities in the United States and eight foreign countries; and
WHEREAS, this event celebrates cancer survivors and their caretakers, honors
those lost to cancer, raises community awareness about prevention and early
detection and offers support to persons living with cancer; and
WHEREAS, a local Relay for Life is being held on May 19-20, 2007 at Heritage
High School in the Town of Leesburg.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby congratulate the organizers and participants of our local Relay for Life and urge
the citizens of the Town of Leesburg to support the American Cancer Society.
PROCLAIMED this 8th day of May 2007.
d. Certificate of Appreciation - Care of Trees
On a motion by Council Member Burk, seconded by Council Member Reid, a
certificate of appreciation was presented to Care of Trees for their donation of the
2006 and 2007 Arbor Day Trees to the Town of Leesburg.
Earl Hower stated the Town is very fortunate to have the Care of Trees
partnering with and supporting the Tree Commission. He stated the last two years
the Care of Trees has donated a Bald Cypress and a Sweet Gum tree for placement
in Exeter and Kincaid Forest.
e. Certificate of Appreciation - Bonnie Deahl
On a motion by Council Member Burk and Vice Mayor Horne a certificate of
appreciation was also presented to Bonnie Deahl for donation of the 2006 and 2007
Arbor Day Trees to the Town of Leesburg.
Ms. Deahl thanked the Tree Commission and Town Council for this honor on
behalf of the Care of Trees.
f. Certificate of Appreciation - Emily Zatorski
On a motion by Vice Mayor Horne, seconded by Council Member Reid,
a certificate of appreciation was presented to Emily Zatorski for the exceptional
leadership and community spirit she exhibited by establishing the Carriage Way Kids
community service club which collected almost 50 bags of crayons, markers,
stickers, coloring books and Play-Doh for children who visit the Loudoun Community
Free Clinic.
F. Petitioners
The petitioners section opened at 7: 50 p. m.
Pete Linneman, 1306 Moore Place, addressed Council regarding a Comcast utility box
that has been placed in his front yard. He stated he is talking to Comcast about relocation
of the utility box which is 4'6"tall. He added residents received no prior notice the boxes
would be placed in their yard.
Town Council Minutes for Regular Meeting of May 8. 2007
Page 4
Mayor Umstattd stated in the mid-90's these boxes were only allowed in back yards.
She asked that Comcast notify residents these boxes would be placed in their yard.
Barbara Beach stated our new charter provisions have zoning powers to do with
design throughout the Town. She stated most of those easements were granted to the
developer and the Town has no control.
Further, she stated as of July 1 the Town would be able to talk about above ground
appearance. We could choose to not permit above ground boxes or to require screening.
Council Member Wright stated this is a severe problem and asked Comcast to
voluntarily agree to no more installations.
Tami Watkins stated there are dozens of these boxes throughout the Town. Also,
they emit a noise which will have to be dealt with through the Zoning Department.
Vice Mayor Horne suggested revisiting the location of the boxes generally.
Council Member Hammier asked that this issue be placed on the next work session
agenda for further discussion.
Marie Schuler with Comcast stated 15 boxes have been installed. These larger boxes
are required to contain all of the extra equipment needed to provide digital and internet
service. Further, the host box must sit close to the transformer.
She stated the pole is required by the Virginia Power.
Council further discussed the options of placement of utility boxes.
Ms. Beach stated the Town does not approve utility easements. She added Comcast
uses different options in other areas.
Phil Marshall, 614 Marshall Drive, addressed Council with concerns about the number
of people living in single family dwellings, adding these situations create traffic issues;
basements are being subdivided with three generations living in dwellings. He asked how
do citizens manage this problem.
Mayor Umstattd stated that after legislation is approved on July 1, the Town will be
able to assess fines. Also, the Town is looking at other localities to see how they are
handling similar issues.
John Drury, 621 Beauregard Drive, addressed Council concerning a road rage
incident on Lawson Road near the bridge which resulted in calling the police. He further
expressed his concern about the continued operation of a non-conforming bridge crossing
on Lawson Road and asked that it be closed.
Earl Hower. 111 Plaza Street NE, recognized Bonnie Deahl with the Care of Trees
who is his counterpart on the Purcellville Tree Commission. He stated on April 24
representatives from towns, counties and cities met in Charlottesville and Leesburg was
recognized as the oldest Tree City USA in Virginia.
The public comment ended at 8:29 p.m.
G. Public Hearing
None
Town Council Minutes for Reoular Meeting of May 8. 2007
Page 5
H. Legislation
ORDINANCES
None
CONSENT AGENDA I
On a motion by Vice Mayor Horne, seconded by Council Member Burk, the following
consent motion was proposed:
2007-78
RESOLUTION
Accepting the public improvements, releasing the performance guarantee and approving a
maintenance guarantee for public improvements at Rosebrook Subdivision
2007-79
RESOLUTION
Accepting the public improvements, releasing the performance guarantees, and approving
maintenance guarantees for Potomac Station Sections 2AB and 2AB-1
2007-80
RESOLUTION
Approving a supplemental appropriation of $1,085 resulting from donations to the Thomas
Balch Library in memory of Mr. Warren Pershing Weitman
2007-81
RESOLUTION
Donation of out of service police vehicles to the Town of Middletown, Virginia for the
purpose of continued police use
2007-82
RESOLUTION
Approving a design change order for the Ida Lee outdoor pool project
2007-83
RESOLUTION
Requesting Northern Virginia Transportation Authority activates the Planning Coordination
Advisory Committee and includes Towns in technical committees
2007-84
RESOLUTION
To work with the Metropolitan Council of Governments (COG) to achieve the best market
price for natural gas supply to be delivered to Town facilities and authorizing the Town
Manager to execute the required contract to accomplish this goal
The consent motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
REGULAR AGENDA
None
Town Council Minutes for Regular Meeting of May 8. 2007
Page 6
I. Boards and Commissions
a. Airport Commission
Vice Mayor Horne reported the Commission has changed their meeting date.
She stated the Commission is working on their annual report to Council.
b. Thomas Balch Library Commission
Council Member Burk reported Balch Library held their second lecture series
with over 100 people in attendance.
c. Board of Architectural Review
Council Member Reid reported the BAR is reviewing the design guidelines.
d. Cable Television Advisory Commission
No comment
e. Commission on Public Art
No comment
f. Economic Development Commission
No comment
g. Environmental Advisory Commission
Council Member Burk reported the Commission's report has been forwarded
to Cou nci I.
h. Information Technology Commission
No comment
i. Parks and Recreation Commission
No comment
j. Planning Commission
No comment
k. Tree Commission
No comment
I. Standing Residential Traffic Committee
Council Member Reid reported the Committee recommends the pedestrian
crossing signal be added back to Memorial Drive.
J. Old Business
a. Charter Review Commission
This item will be delayed for two weeks.
K. New Business
a. On a motion by Council Member Wright, seconded by Council Member Burk,
the following motion was proposed:
2007-85
RESOLUTION
Directing staff to develop an ordinance to establish an Utility Rate Advisory
Commission for the Town of Leesburg
Town Council Minutes for Regular Meeting of May 8. 2007
Page 7
Council Member Hammier made a friendly amendment to change the name to
Committee rather than Commission. Further she recommended no stipend to the
committee.
The Mayor asked what happens if we appoint a person who is in litigation with
the Town on the water issue?
The Town Attorney advised there should be no appointments of individuals in
litigation with the Town.
Council Member Reid asked that the wording, "comprised of nine members"
be changed to no more than nine members".
Mayor Umstattd suggested the nominees would be voted on as a whole.
Barbara Beach stated she would bring back a draft ordinance for Council's
review.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, and Wright
Nay: Mayor Umstattd
Vote: 5-1-1 (Martinez absent)
b. On a motion by Council Member Hammier, seconded by Councilmember Burk,
the following motion was proposed:
2007-86
RESOLUTION
Development of a Memorial Grove
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
c. On a motion by Council Member Wright, seconded by Council Member
Hammier, the following motion was proposed:
2007-87
RESOLUTION
Endorsing a map of annexation and JLMA Expansion to be presented to the
AADP Committee
Council Member Hammier suggested an additional whereas to say the
Town/County has agreed upon a LAMP area.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Reid, and Wright
Nay: Mayor Umstattd
Vote: 5-1-1 (Martinez absent)
L. Council Comments
Council Member Reid disclosed a phone conversation with Tom Sines about the
Dulles/Greenway Battlefield Interchange issue.
Town Council Minutes for Regular Meetino of May 8. 2007
Page 8
He reported attending the opening of the Carver Center in Purcellville.
He expressed concern that staff at Wage Radio had been let go.
Council Member Wright also expressed his concern with Wage Radio's decision.
He reported meeting with the Leesburg Baptist Temple regarding a pending
application they have. He also met with the contract purchaser for Festival Lakes and their
attorney Sally Gillette.
He stated there are now 10-11 members signed up for the Relay for Life and
encouraged others to participate.
He stated he is looking forward to the upcoming Polo Match.
Further, he has concerns with the ongoing litigation involving the Town.
Council Member Hammier stated her continual concern with pedestrian traffic on the
Rt. 15 Bypass. She asked if there is a way to put a mechanism in place that would have a
stop button to push for crossing the road.
She stated she would appreciate the Planning Commission working with the County
Planning Commission regarding the O'Connor Property.
She reported attending the Paxton Open House and she hoped the Aurora School
would be able to locate there. Also she received a call from the Loudoun Arts Council
stating they are looking for a new home.
Council Member Hammier congratulated everyone involved with the Catoctin Circle
traffic calming improvements and the Lowenbach Traffic Circles.
She let Council know the Loudoun County Economic Development Commission
(LEDC) will meet on June 1 for a round table discussion with the Board of Supervisors and
business leaders and her hope the Town would be able to do the same with their EDC.
Vice Mavor Horne disclosed a meeting with Loudoun Baptist Temple regarding plans
they have for expansion. Further, she met with the contract purchaser of Festival Lakes.
Additionally she met with Chevy Chase Bank regarding some plans they have in Leesburg.
She reported attending the Lowenbach ribbon cutting and was very pleased with the
traffic circles. She stated she would like to pay a tribute to Chuck Jones for his vision on
traffic and pedestrian movement through the Lowenbach Subdivision.
She encouraged everyone to see what has been done at Capital Square in Richmond.
Council Member Martinez joined the meeting at 9:08 p.m. He reported attending the
Life Center Veterinary Clinic ribbon cutting.
He too expressed disappointment of letting the WAGE employees go and wished
them well.
Council Member Burk stated the Teacher of the Year Award went to Barbara
Schonberger.
Town Council Minutes for Regular Meeting of May 8. 2007
Page 9
She reported attending the Paxton open house and stated there is much potential
with the location.
She reported attending the Oatlands Gala to support saving the barns.
She commended the Mayor for the Journey Through Hallowed Ground Presentation.
She stated the veterinary facility is an unbelievable addition to the Town.
Council Member Burk stated the Loudoun County Board of Supervisors will be looking
at the Crosstrail project and encouraged attendance to support a denial of the project.
She reported a citizen complaint about the unsightly yellow bins that have been
appearing around Town.
John Wells stated the issue has been turned over to the Zoning Department.
Councilmember Martinez stated the traffic circles are great.
He disclosed meeting with Loudoun Baptist Temple representatives.
He added volunteers are still needed for the Relay for Life on the 19th.
He stated the Paxton facility is incredible and would be a good fit for a school.
He stated he is glad the Virginia Tech students are home.
M. Mayor's Comments
Mayor Umstattd wished WAGE employees the best. She stated Tim Jon was an
unbelievable news director and the station was a real part of the Town and County. She
stated this will eliminate one of our strongest partners in National defense and a loss to the
business community. Additionally, she will be making a complaint to the Federal
Communications Commission.
She disclosed meeting with Pastor Nicholls regarding expansion of the Loudoun
Baptist Temple.
She reported meeting with Sally Gillette and Gulick Company regarding the J.R.
Festival Lakes site.
She reported attending the Journey Through Hallowed Ground event along with
Council Members Burk and Reid. She thanked John Now for presenting the Town with a
Preserve America Recognition signed by First Lady Laura Bush.
She commended children of First Mt. Olive Baptist Church for their achievements in
their Oratorical Contest of which she had the privilege to be a judge.
The Mayor stated she and Council Member Reid attended Stream Clean Up activities
by the Carriage Way Kids.
She reported the National Day of Prayer held at the County on May 3 was well
organized and attended.
She reported attending the Noldas ribbon cutting at the Rehau property. A Dutch
company who analyzes how people interact with software.
Town Council Minutes for Regular Meeting of May 8. 2007
Page 10
She reported attending the Veterinary Clinic opening stating they have the best
doctors on the East Coast.
N. Manager's Comments
Mr. Wells reported the results of the RFP for Battlefield Parkway for Kincaid
Boulevard to Route 7 indicate a savings of $5 million. Staff will work with VDOT to finalize
the results and a notice to proceed will happen in August with a final completion date in
October 2009.
O. Adjournment
On a motion by Council Member Martinez, seconded by Council Member Burk, the
meeting adjourned at 9:21 p.m.
ATTEST:
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2007_ TCMIN0508